[2016]DLCA4703 • February 10, 2016 • Court of Appeal
EMEKA OSENDO vs. THE REPUBLIC
The appellant, Emeka Osendo, along with three others, all Nigerian nationals, were charged and convicted of conspiracy to rob and robbery involving the use of offensive weapons. The crimes were committed in Tarkwa and Benso, Ghana, where the accused forcibly entered victims' premises, inflicted serious injuries, and stole various items. The victims narrowly escaped death. The appellant was sentenced to 25 years imprisonment with hard labor (IHL) to run concurrently.
read moreSOWAH, J.A: The appellant together with three others were charged on one count with Conspiracy to rob contrary to sections 23(1) and 149 of The Criminal Code 1960, Act 29 and two counts with Robbery contrary to section 149 of Act 29. They were found guilty after a jury trial and on 29th July 2003 they were each sentenced to 25 years IHL to run concurrently. The appellant herein who was the 4th accused person at the trial court is appealing sentence pursuant to leave granted by this court. The two grounds of appeal filed on 2nd November 2015 are as follows: 1. The appellant regrets his action and it is out of deep remorse that he is praying for mitigation of sentence. 2. The appellant is a first time offender, who has learnt his lesson in prison and vows to keep away from all forms of crime in the future. It is noted that on the Record of Appeal, a Notice of Appeal appears to have been filed on 27th August 2003 by a law firm in respect of all the convicts. In that Notice, the app...